Madras High CourtWP(MD)/10874/2023dismissed

Nagamani S v. The District Collector

2023-06-26Honourable Mr Justice C.V. Karthikeyan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.10874 of 2023 S.Nagamani ... Petitioner Vs.

for grant of regular patta for 2 acres of land (0.80.0 Hecs) in R.S. No.9186/84 situated in Kookal Village, Kodaikanal, Dindigul District, by virtue of Assignment order of the Sub Collector, Periyakulam and Assignment dated 16.05.1984 in D.K.T.No.1065/93 issued by the Special Tahsildar (Assignment), Kodaikanal.

W.P(MD)No.10875 of 2023 Puvanendran ... Petitioner Vs.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to consider the representation of the petitioner dated 12.06.2019 for grant of regular patta for 2 acres of land (0.80.0 Hecs) in R.S. 2/8

No.1241/6 situated in Kookal Village, Kodaikanal, Dindigul District, by virtue of Assignment order of the Sub Collector, Periyakulam and Assignment dated 02.08.1984 in D.K.T.No.957/93 issued by the Special Tahsildar (Assignment), Kodaikanal.

W.P(MD)No.10876 of 2023 Mahalingam ... Petitioner Vs.

District, by virtue of Assignment order of the Sub Collector, Periyakulam and Assignment dated 12.02.1984 in D.K.T.No.506/93 issued by the Special Tahsildar (Assignment), Kodaikanal.

In all Writ Petitions For Petitioners : Mr.K.Appadurai For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader COMMON ORDER All these three Writ Petitions have been filed by three separate individuals, all resident of Kookal Village, Kodaikanal, Dindigul District, and all seeking the same relief for grant of regular patta for 2 acres of land (0.80.0 hectares) in all the three cases, in R.S.Nos.9186/84, 1241/6, 1228/4 and 1229/4 with respect to each one of the three petitioners by way of an assignment order of the Sub Collector, Periyakulam, and Assignment dated 16.05.1984, 02.08.1994 and 12.02.1984 respectively, issued by the Special Tahsildar (Assignment), Kodaikanal.

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2. In the affidavits filed in support of the three Writ Petitions, the petitioners have stated that they have been in continuous possession and enjoyment of the two acres of land which had been assigned to them by the aforementioned orders. They claimed that they have given representations for patta, but, since no reply was given, the present Writ Petitions have been filed.

3. The learned Special Government Pleader however, forwarded specific instructions received with respect to the petitioner in W.P.(MD)No.10874 of 2023 wherein, it had been stated that by proceedings in Na.KA.No.128/1992/A1, dated 05.05.1992, by the Revenue Divisional Officer, the assignment granted for the land in Original Survey No.1241/6 stood cancelled.

4. It is also contended by the learned Special Government Pleader that the assignment of the land in other two Writ Petitions also stood cancelled. The relevant documents in that regard had also been produced by the learned Special Government Pleader. 5/8

5. In view of that particular fact, the Court cannot direct grant of permanent patta to the petitioners herein.

6. The learned counsel for the petitioners however, stated that there have an earlier orders of this Court, wherein, a learned Single Judge, in other writ petitions had directed either survey of land or consideration of representation. That can be possible, only if the assignment still stood in the name of the petitioners. It is not clear whether the assignments in those cases had already been cancelled by the respondents as had been cancelled in these cases. One cannot also state with clarity if this fact had been brought to the knowledge of the learned Single Judge.

7. In the instant case, when specifically the respondents have stated that the assignment stood cancelled, grant of permanent patta is not be possible and such direction cannot be issued to grant of permanent patta.

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8. Accordingly, the Writ Petitions stand dismissed. No costs.

26.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM To 7/8

C.V.KARTHIKEYAN, J.

RM 26.06.2023 8/8